Friday, August 20, 2021 – Court of Appeal Judge, Fatuma Sichale, has given the Building bridges Initiative (BBI) a new lease of life after she said President Uhuru Kenyatta and Opposition leader, Raila Odinga, were right to initiate the process.
Sichale also poked holes in the High Court ruling that declared the document as unconstitutional, null and void.
In a complex ruling on Friday, Sichale, who is among the Seven Judge-bench that will determine the fate of BBI, said the constitution doesn’t bar the president from initiating the BBI process.
“On personal & official capacity; can a president seize to be president without handing over power during the tenure of his office? The president cannot be a Wanjiku & therefore cannot initiate a process to amend the constitution through popular initiative,” Sichale stated.
On whether the Independent Electoral and Boundaries Commission (IEBC) had a quorum while verifying the BBI signatures, Sichale said the commission was properly constituted to carry on the process.
“The IEBC as currently constituted with 3 members is constitutionally compliant. Therefore it can carry out its mandate. The issue of verification of signatures is not a policy but an operational decision. The verification of signatures is not null and void,” Sichale ruled.
In conclusion, Justice Sichale said the BBI is a legal document and quashed the High Court ruling that declared the document illegal, unconstitutional, null and void.
More updates to follow……
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